Original: English ICC-RoC46(3)-01/18 Date: 29 May 2018 PRE .
ICC-RoC46(3)-01/18-8 29-05-2018 1/5 EC PTOriginal: EnglishNo. ICC-RoC46(3)-01/18Date: 29 May 2018PRE-TRIAL CHAMBER IBefore:Judge Péter Kovács, Presiding JudgeJudge Marc Perrin de BrichambautJudge Reine Adélaïde Sophie Alapini-GansouREQUEST UNDER REGULATION 46(3) OF THE REGULATIONS OF THE COURTPublicDecision on the “Request for leave to submit an Amicus Curiae brief pursuant toRule 103(1) of the Rules of Procedure and Evidence on the ‘Prosecution’s Request fora Ruling on Jurisdiction under Article 19(3) of the Statute’”No: ICC-RoC46(3)-01/181/529 May 2018
ICC-RoC46(3)-01/18-8 29-05-2018 2/5 EC PTDecision to be notified in accordance with regulation 31 of the Regulations of the Court to:The Office of the ProsecutorFatou Bensouda, ProsecutorJames Stewart, Deputy ProsecutorCounsel for the DefenceLegal Representatives of VictimsLegal Representatives of ApplicantsUnrepresented VictimsUnrepresented Applicants forParticipation/ReparationsThe Office of Public Counsel forVictimsThe Office of Public Counsel for theDefenceStates RepresentativesAmicus CuriaeFannie Lafontaine, Director of theCanadian Partnership for InternationalJusticeREGISTRYRegistrarPeter LewisDefence Support SectionVictims and Witnesses UnitDetention SectionVictims Participation and ReparationsSectionOtherNo: ICC-RoC46(3)-01/182/529 May 2018
ICC-RoC46(3)-01/18-8 29-05-2018 3/5 EC PTPRE-TRIAL CHAMBER I (the “Chamber”) of the International Criminal Court(the “Court”) issues this decision on the “Request for leave to submit an AmicusCuriae brief pursuant to Rule 103(1) of the Rules of Procedure and Evidence on the‘Prosecution’s Request for a Ruling on Jurisdiction under Article 19(3) of theStatute’” (the “Request”).11.On 9 April 2018, the Prosecutor filed the “Prosecution’s Request for a Rulingon Jurisdiction under Article 19(3) of the Statute” (the “Prosecutor’s Request”)pursuant to regulation 46(3) of the Regulations of the Court and article 19(3) of theRome Statute (the “Statute”).22.On 11 April 2018, the President of the Pre-Trial Division assigned theProsecutor’s Request to the Chamber.33.On 28 May 2018, the Chamber received the Request in which members of theCanadian Partnership for International Justice (the “Applicants”)4 sought leave tosubmit amicus curiae observations on the Prosecutor’s Request.54.The Chamber notes article 21(1)(a) of the Statute and rule 103 of the Rules ofProcedure and Evidence (the “Rules”).5.The Chamber notes in particular rule 103(1) of the Rules, according to whichthe Chamber may, at any stage of the proceedings, “if it considers it desirable forICC-RoC46(3)-01/18-6.ICC-RoC46(3)-01/18-1.3 President of the Pre-Trial Division, “Decision assigning the ‘Prosecution’s Request for a Ruling onJurisdiction under Article 19(3) of the Statute’ to Pre-Trial Chamber I”, 11 April 2018, ICC-RoC46(3)01/18-2.4 The Request was presented on behalf of 17 members of the Canadian Partnership for InternationalJustice, namely Ms. Jennifer Bond, Mr. Robert J. Currie, Ms. Amanda Ghahremani, Ms. Julia Grignon,Mr. Mark Kersten, Ms. Fannie Lafontaine, Mr. François Larocque, Mr. Frédéric Mégret, Ms. ValerieOosterveld, Mr. Frederick John Packer, Mr. Pascal Paradis, Mr. Darryl Robinson, Ms. PenelopeSimons, Mr. Érick Sullivan, Mr. Alain-Guy Tachou Sipowo, Ms. Mirja Trilsch and Ms. Jo-AnneWemmers.5 ICC-RoC46(3)-01/18-6, paras 1-2 and 24.12No: ICC-RoC46(3)-01/183/529 May 2018
ICC-RoC46(3)-01/18-8 29-05-2018 4/5 EC PTthe proper determination of the case, [ ] grant leave to a State, organization orperson to submit [ ] any observation on any issue that the Chamber deemsappropriate”.6.The Chamber recalls that the Appeals Chamber has underlined that, whenacting within the parameters of rule 103 of the Rules, the respective Chambershould take into consideration whether the proposed submission of observationsmay assist it “in the proper determination of the case”.67.The Chamber notes that the Applicants have extensive experience in the fieldof international criminal law, human rights law, refugee law, migration andhumanitarian law and that they have previously intervened as amici curiae beforeboth domestic and international courts.7 The Chamber takes the view that theApplicants’ proposed submissions are desirable for the proper determination of theProsecutor’s Request, within the meaning of rule 103 of the Rules.FOR THESE REASONS, THE CHAMBER HEREBYGRANTS the Request to submit written observations in accordance withparagraph 7 of the present decision, no later than Monday, 18 June 2018, at16.00hrs.Appeals Chamber, “Decision on ‘Motion for Leave to File Proposed Amicus Curiae Submission ofthe International Criminal Bar Pursuant to Rule 103 of the Rules of Procedure and Evidence’”,22 April 2008, ICC-01/04-01/06-1289, para. 8.7 ICC-RoC46(3)-01/18-6, paras 15-19.6No: ICC-RoC46(3)-01/184/529 May 2018
ICC-RoC46(3)-01/18-8 29-05-2018 5/5 EC PTDone in both English and French, the English version being authoritative.Judge Péter KovácsPresiding JudgeJudge Marc Perrin de BrichambautJudge Reine Adélaïde SophieAlapini-GansouDated this Tuesday, 29 May 2018At The Hague, The NetherlandsNo: ICC-RoC46(3)-01/185/529 May 2018
No: ICC-RoC46(3)-01/18 1/5 29 May 2018 Original: English No. ICC-RoC46(3)-01/18 Date: 29 May 2018 PRE-TRIAL CHAMBER I Before: Judge Péter Kovács, Presiding Judge Judge Marc Perrin
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